Disquiet has crept into the minds of Members of Parliament (MPs) after the High Court ruled that the National Government Constituency Development Fund (NG-CDF) Act 2015 is unconstitutional.
The High Court ruled that MPs have no power to undertake development projects, instead, their role is strictly representation, legislation and oversight. It also found that allocation of money to NG-CDF kitty brings about the confusion in separation of power and duplication of roles.
The court’s decision brings the kitty to an end after years of operation. The court granted a two year grace period for projects under the kitty to be complete stating that it will cease to operate on 30th June 2026.
However this has rattled MPs who believe that the kitty was beneficial to the members of the public as it would be used to fund education for less fortunate students, build roads, schools and other social amenities.
Contrary to that, members of the public and some government officials have been pushing for scrapping of the NG-CDF kitty, arguing that it was increasing avenues of corruption. This came after concerns were raised on the lack of sufficient money disbursed to schools yet MPs are being allocated billions of shillings yet there is no accountability for it.
With monies being allocated to governors, women representatives, MPs (NG-CDF) and Members of County Assembly (MCAs) to fund education projects and bursaries for vulnerable students, some members of public decried how such duplication happen and called for the funds to be pooled in one fund and disbursed to schools as opposed to being distributed by many elected representatives.
Chief Justice Martha Koome in August faulted the duplication of roles of disbursing education funds and called for consolidation of these monies into one fund to avoid embezzlement and to make education free in Kenya.
Koome said: “There’s a bursary fund from the taxpayers’ money given to the governor, women rep, given to the MP through CDF and MCA.”
“All those bursaries, how are they disbursed? Why don’t you put them in Education and make Education free for all?” she questioned.
MPs however, could not let NG-CDF slip through their fingers without a fight and called for reinstatement of the fund even as they prepare to appeal the ruling.
Kiharu MP Ndindi Nyoro on 25th September 2024 called upon the High Court to reconsider its decision arguing that NG-CDF was the most efficient appropriated funds.
“With humility I would request the judiciary to reconsider that ruling {on NG-CDF}. Over the years, there has been a misconception that NG-CDF belongs to MPs. It is one of the most efficiently appropriated funds in Kenya,” Nyoro said.
Kiharu MP further said that the kitty has enabled “projects to be rolled out efficiently including construction and rehabilitation of police stations.”
He also said other countries have been coming to benchmark how it is being utilized, thus in his opinion the kitty shouldn’t be disbanded.
The future of CDF now hangs in balance and MPs battle to save it from extinction, a move that could reduce the roles of MPs to only representation, legislation and oversight. It’s also likely to reduce wastage and embezzlement of CDF money, as shown in many reports of the Auditor General.
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